Footnotes

Footnotes

CHAPTER 1 - Background to the Inquiry

[1]        Journals of the Senate, 4 December 2013, p. 233.

[2]        Senate Employment, Workplace Relations and Education References Committee Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, February 2012.

[3]        Senate Employment, Workplace Relations and Education References Committee, Beyond Cole: The future of the construction industry: confrontation or co-operation?, June 2004.

[4]        Building and Construction Industry (Improving Productivity) Bill 2013, s 44.

[5]        Explanatory Memorandum, Building and Construction Industry (Improving Productivity) Bill 2013, p. 3.

CHAPTER 2 - The Cole Royal Commission

[1]        Mr Lindsay Le Compte, Executive Director, Australian Constructors Association: Proof Committee Hansard, 6th February 2014, p. 1.

[2]        Mr. Scott Barklamb, Executive Director, Policy and Public Affairs, Australian Mines and Metals Association, Proof Committee Hansard, 6th February 2014, p. 37.

[3]        Mr. Scott Barklamb, Executive Director, Policy and Public Affairs, Australian Mines and Metals Association, Proof Committee Hansard, 6th February 2014, p. 37.

[4]        Mr. Richard Calver, National Director Industrial Relations and Legal Counsel, Master Builders Australia, Proof Committee Hansard, 12th March 2014, p. 27.

[5]        Senator the Hon. Eric Abetz, Minister for Education and Employment, Proof Committee Hansard, 12th March 2014, p. 45.

[6]        It is also possible for a Royal Commission to be established by statute for a specific Royal Commission, such as the Royal Commission on Espionage (known as the Petrov Royal Commission) established in 1954.

[7]        Parliamentary Library, Bills Digest No. 83, 2012-13 - Royal Commissions Amendment Bill 2013; 7 March 2013, p. 4 and footnote.

[8]        Gibbs CJ, Victoria v Australian Building Construction Employees' and Builders' Labourers' Federation [1982-1983] 152 CLR 25 at p. 53.

[9]        Gibbs CJ, Victoria v Australian Building Construction Employees' and Builders' Labourers' Federation [1982-1983] 152 CLR 25 at p. 53.

[10]      Dabscheck, B., Two and Two Make Five: Industrial Relations and the Gentle Art of Doublethink, Economic and Labour Relations Review Vol. 15, No. 2, January 2005: 181-198, p. 183.

[11]      For example, the Royal Commission into Institutional Responses to Child Sexual Abuse 2013-;  Royal Commission into Aboriginal Deaths in Custody 1987-1991; Royal Commission into British Nuclear Tests in Australia 1984-1985; Royal Commission into Drug Trafficking 1981-1983.

[12]      Murphy J, Victoria v Australian Building Construction Employees' and Builders' Labourers' Federation [1982-1983] 152 CLR 25, pp 106-107.

[13]      Murphy J, Victoria v Australian Building Construction Employees' and Builders' Labourers' Federation [1982-1983] 152 CLR 25, p. 111.

[14]      Office of the Employment Advocate: Employment Advocate Report on the Building Industry, report to the Minister for Employment, Workplace Relations and Small Business, 11 May 2001.

[15]      Robinson, Paul, Commission builds on previous inquiries of similar construction: The Age, 7 May 2002.

[16]      Australian Broadcasting Corporation 7:30 Report, Building industry correction:, 24 October 2001; http://www.abc.net.au/7.30/content/2001/s400434.htm (accessed 14 March 2014)

[17]      Marr, Jim. First the Verdict: The real story of the building industry Royal Commission: Pluto Press, Annandale, 2003.

[18]      Jones, A, Remarks at the launch of “First the Verdict” by Jim Marr, 24th February 2003; http://workers.labor.net.au/features/200303/a_guestreporter_jones.html (accessed 15th March 2014).

[19]      Jones, A, Remarks at the launch of “First the Verdict” by Jim Marr, 24th February 2003; http://workers.labor.net.au/features/200303/a_guestreporter_jones.html (accessed 15th March 2014).

[20]      Tasman Economics, “Productivity and the Building and Construction Industry”: Discussion Paper 17, Paper prepared for the Royal Commission into the Building and Construction Industry. http://www.royalcombci.gov.au/docs/Discussion%20Paper%2017.pdf viewed 17 March 2014.

[21]      5204.0 Australian System of National Accounts, Table 13. Productivity In the Market Sector, http://www.abs.gov.au/AUSSTATS/abs@archive.nsf/log?openagent&5204013_productivity.xls&5204.0&Time%20Series%20Spreadsheet&6EA28DCFA1C650F4CA2577CA0013B151&0&2009-10&29.10.2010&Latest

[22]      Tasman Economics, “Productivity and the Building and Construction Industry” op cit, p. ix.

[23]      Royal Commission into the Building and Construction Industry: Final Report, Vol. 1, p. 3.

[24]      Perry, L.J. “Productivity and Industrial Disputes: A note on the Cole Royal Commission”: Economic Papers Vol. 25, No. 3 September 2006, pp 284-294.

[25]      Perry, L.J. “Productivity and Industrial Disputes: A note on the Cole Royal Commission”: Economic Papers Vol. 25, No. 3 September 2006, p. 292.

[26]      Dabscheck, B., Two and Two Make Five: Industrial Relations and the Gentle Art of Doublethink, Economic and Labour Relations Review Vol. 15, No. 2, January 2005: 181-198, p. 186.

[27]      Workplace Regulation, Reform and Productivity in the International Building and Construction Industry: Report prepared by Unisearch Limited, University of New South Wales for the Royal Commission into the Building and Construction Industry (RCBCI), RCBCI Final Report, Volume 4, Annexure 4, pp.253-372 at p.259

[28]      Workplace Regulation, Reform and Productivity in the International Building and Construction Industry: Report prepared by Unisearch Limited, University of New South Wales for the Royal Commission into the Building and Construction Industry (RCBCI), RCBCI Final Report, Volume 4, Annexure 4, pp.253-372 at pp 288-289.

[29]      Royal Commission into the Building and Construction Industry: Final Report, Volume 3, p. 224.

[30]      Dabscheck, B., Two and Two Make Five: Industrial Relations and the Gentle Art of Doublethink, Economic and Labour Relations Review Vol. 15, No. 2, January 2005: 181-198, p.187.

[31]      Royal Commission into the Building and Construction Industry: Final Report, Volume 3, p.224.

[32]      Royal Commission into the Building and Construction Industry: First Report, pp 1-2.

[33]      Royal Commission into the Building and Construction Industry: Final Report, Volume 1, paragraph 19.

[34]      Dabscheck, B., Two and Two Make Five: Industrial Relations and the Gentle Art of Doublethink, Economic and Labour Relations Review Vol. 15, No. 2, January 2005: 181-198, p. 184.

[35]      Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Electrolux Home Products Pty Limited [2002] FCAFC 199 (21 June 2002)

[36]      Royal Commission into the Building and Construction Industry: Final Report, Volume 5, pp 127-128.

[37]      Dabscheck, B., Two and Two Make Five: Industrial Relations and the Gentle Art of Doublethink, Economic and Labour Relations Review Vol. 15, No. 2, January 2005: 181-198, p.194.

[38]      Royal Commission into the Building and Construction Industry: Final Report, Volume 23.

[39]      Correspondence from the Hon. Julia Gillard MP, Deputy Prime Minister and Minister for Employment and Workplace Relations to the National Secretary of the Construction, Forestry, Mining and Energy Union – Construction and General Division, 13th January 2009: Tabled 17th  March 2014.

[40]      Correspondence from the Hon. Julia Gillard MP, Deputy Prime Minister and Minister for Employment and Workplace Relations to the National Secretary of the Construction, Forestry, Mining and Energy Union – Construction and General Division, 13th January 2009: Tabled 17 March 2014.

[41]      Mr Michael Phelan, Deputy Commissioner – Operations, Australian Federal Police, Proof Committee Hansard, 17 March 2014, p. 6.

[42]      Mr Paul Jevtovic, Acting Chief Executive Officer, Australian Crime Commission, Proof Committee Hansard, 17 March 2014, p. 6.

[43]      Mr Graham Ashton, Deputy Commissioner, Victoria Police, Proof Committee Hansard, 17 March 2014, p. 6.

[44]      Mr Graham Ashton, Deputy Commissioner, Victoria Police, Proof Committee Hansard, 17 March 2014, pp 7-8.

[45]      Mr Graham Ashton, Deputy Commissioner, Victoria Police, Proof Committee Hansard, 17 March 2014, pp 7-8.

[46]      Mr Michael Phelan, Deputy Commissioner – Operations, Australian Federal Police, Proof Committee Hansard, 17 March 2014, p. 8.

[47]      Mr Paul Jevtovic, Acting Chief Executive Officer, Australian Crime Commission, Proof Committee Hansard, 17 March 2014, p. 7-8.

[48]      Proof Committee Hansard, 17 March 2014, p. 9.

CHAPTER 3 - Human Rights and the International Labour Organisation

[1]        Law Council of Australia, Submission 17, p .2.

[2]        Law Council of Australia, Submission 17, p .2.

[3]        Parliamentary Joint Committee on Human Rights, Practice Note 1, p.2.

[4]        Minister for Employment, Submission 1, p. 3.

[5]        Minister for Employment, Submission 1, p. 3.

[6]        Law Council of Australia, Submission 17, p. 4.

[7]        Law Council of Australia, Submission 17, p. 4.

[8]        ACTU, Submission 14, p. 26.

[9]        ACTU, Submission 14, p. 26.

[10]      Attorney-General's Department, Flowchart for Assessing the Human Rights Compatibility of Bills and Legislative Instruments, at http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSector/Documents/Flowchart.pdf, accessed 24 March 2014.

[11]      ACTU, Submission 14, p. 24.

[12]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 1.

[13]      Article 22 of the International Covenant on Civil and Political Rights (ICCPR) and article 8 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), as cited by the Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 5.

[14]      Article 7 of the ICESCR, as cited by the Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 5.

[15]      Article 14 of the ICCPR, as cited by the Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 5.

[16]      Article 21 of the ICCPR, as cited by the Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 5.

[17]      Article 19 of the ICCPR, as cited by the Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 5.

[18]      Article 17 of the ICCPR, as cited by the Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 5.

[19]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 5.

[20]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, pp 5-6.

[21]      Senate Standing Scrutiny of Bills Committee, Alert Digest No. 9 of 2013, p. 18.

[22]      Senate Standing Scrutiny of Bills Committee, Alert Digest No. 9 of 2013, pp 3 to 18.

[23]      Committee on Economic, Social and Cultural Rights, Forty-Second Session, Geneva, 4–22 May 2009 at [19], as cited in ACTU, Submission 14, p. 24.

[24]      International Labor Organisation, C087 – Freedom of Association and Protection of the Right to Organise Convention, 1958, (No. 87)

[25]      Maritime Union of Australia, Submission 12, p. 9.

[26]      Australian Council of Trade Unions, Submission 14, p. 22.

[27]      Australian Council of Trade Unions, Submission 14, p. 22.

[28]      Senator the Hon Eric Abetz, Minister for Employment, Proof Committee Hansard, 12 March 2014, p. 47.

[29]      Senator the Hon Eric Abetz, Minister for Employment, Proof Committee Hansard, 12 March 2014, p. 47.

[30]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 6.

[31]      Human Rights (Parliamentary Scrutiny) Act 2011, s3

[32]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 8.

[33]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 8.

[34]      Law Council of Australia, Submission 17, p .2.

[35]      Senate Scrutiny of Bills Committee, Alert Digest No 9 of 2013, p 2.

[36]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 7.

[37]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 11.

[38]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 11.

[39]      Article 22 of the ICCPR, as cited in the Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 12.

[40]      Article 8(3) of the ICESCR, as cited in the Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 12.

[41]      ACTU, Submission 14, p. 24.

[42]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 15.

[43]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 13.

[44]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, pp. 15-16.

[45]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 16.

[46]      Law Council of Australia, Submission 17, p. 4.

[47]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 17.

[48]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 18.

[49]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 19.

[50]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 22.

[51]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 23.

[52]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 23.

[53]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 24.

[54]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 25.

[55]      Senate Scrutiny of Bills Committee, Alert Digest No 9 of 2013, pp 13-14, as cited in Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 25.

[56]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 27.

[57]      Senate Scrutiny of Bills Committee, Alert Digest No 9 of 2013, p 14, as cited in Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 27.

[58]      Law Council of Australia, Submission 17, p. 4.

[59]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, pp 27-28.

[60]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 28.

[61]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, p. 29.

[62]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament, pp 28-29.

CHAPTER 4 - Productivity

[1]        The ABCC was established by the Building and Construction Industry Improvement Act 2005 as a result of recommendations of the Cole Royal Commission.  It was abolished in 2012 under the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012.

[2]        Explanatory Memorandum, p. 2.

[3]        Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. i.

[4]        Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. ii.

[5]        Rawlinsons is a construction cost consultancy in Australia and New Zealand that produces a number of annual publications detailing constructions costs data.

[6]        Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. ii.

[7]        Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, pp v-vi.

[8]        Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. 27.

[9]        Mr Matt Cowgill, ACTU, Proof Committee Hansard, 12 March 2014, p. 19.

[10]      ACTU, Submission 14, pp 15-16.

[11]      Mr Matt Cowgill, ACTU, Proof Committee Hansard, 12 March 2014, p. 14.

[12]      ACTU, Submission 14, pp 18-19.

[13]      ACTU, Submission 14, p. 19.

[14]      Professor David Peetz, Submission 8, p. 5.

[15]      Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. v.

[16]      Professor David Peetz, Submission 8, p. 9.

[17]      Professor David Peetz, Submission 8, p. 8.

[18]      Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. 17.

[19]      Professor David Peetz, Submission 8, Attachment A, p. 63.

[20]      Fair Work Ombudsman, Victorian building industry apprenticeship audit program, 2012, p. 2, http://www.fairwork.gov.au/ArticleDocuments/2256/Vic-building-apprenticeship-industry-report-2011.pdf.aspx?Embed=Y (accessed 14 March 2014).

[21]      Fair Work Ombudsman, Victorian building industry apprenticeship audit program, 2012, p. 2.

[22]      Fair Work Ombudsman, Victorian building industry apprenticeship audit program, 2012, p. 4.

[23]      Fair Work Ombudsman, Victorian building industry apprenticeship audit program, 2012, p. 2, http://www.fairwork.gov.au/ArticleDocuments/2256/Vic-building-apprenticeship-industry-report-2011.pdf.aspx?Embed=Y (accessed 24 March 2014).

[24]      Fair Work Ombudsman, Tasmanian residential building apprentices program, Final report, August 2013, http://www.fairwork.gov.au/ArticleDocuments/2250/Tasmanian-Residential-Building-Apprentices-Program-Final-Report-August-2013.pdf.aspx?Embed=Y, (accessed 24 March 2014).  

[25]      Fair Work Ombudsman, WA/SA/NT residential building industry apprentices and trainees campaign, September 2013, p.7 http://www.fairwork.gov.au/ArticleDocuments/2254/WA-SA-NT-Residential-building-industry-apprentices-and-trainees-campaign-report-2013.pdf.aspx?Embed=Y, (accessed 24 March 2014).

[26]      Fair Work Ombudsman, WA/SA/NT residential building industry apprentices and trainees campaign, September 2013, p.3 http://www.fairwork.gov.au/ArticleDocuments/2254/WA-SA-NT-Residential-building-industry-apprentices-and-trainees-campaign-report-2013.pdf.aspx?Embed=Y, (accessed 24 March 2014).

[27]      Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. 28.

[28]      Professor David Peetz, Submission 8, pp 12-13.

[29]      Professor David Peetz, Submission 8, Attachment A, p. 71.

[30]      Phillips, K. Institute of Public Affairs Briefing Paper, Industrial Relations and the Struggle to Build Victoria, November 2006.

[31]      Econtech Pty. Ltd., Economic Analysis of Building and Construction Industry Productivity: 2008 Report. 30 July 2008, pp 14-15.

[32]      Phillips, K. Institute of Public Affairs Briefing Paper, Industrial Relations and the Struggle to Build Victoria, November 2006, p. 8.

[33]      Phillips, K. Institute of Public Affairs Briefing Paper, Industrial Relations and the Struggle to Build Victoria, November 2006, p. 7.

[34]      Phillips, K. Institute of Public Affairs Briefing Paper, Industrial Relations and the Struggle to Build Victoria, November 2006, p. 7.

[35]      Phillips, K. Institute of Public Affairs Briefing Paper, Industrial Relations and the Struggle to Build Victoria, November 2006, p. 8.

[36]      Phillips, K. Institute of Public Affairs Briefing Paper, Industrial Relations and the Struggle to Build Victoria, November 2006, p. 8.

[37]      Phillips, K. Institute of Public Affairs Briefing Paper, Industrial Relations and the Struggle to Build Victoria, November 2006, p. 9.

[38]      Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. 25.

[39]      Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. 25.

[40]      Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. 26.

[41]      Master Builders Australia, Submission 3, Attachment B, November 2013, p. 6.  

[42]      Professor David Peetz, Submission 8, p. 11.

[43]      ACTU, Submission 26, p. 26.

[44]      ACTU, Committee Hansard, 26 November 2013, p. 7.

[45]      ABS, 6321.0.55.001 - Industrial Disputes, Australia, December 2013.

[46]      Productivity Commission, Draft Report on Public Infrastructure, Volume 2, March 2014, p. 452. http://www.pc.gov.au/__data/assets/pdf_file/0009/134676/infrastructure-draft-volume2.pdf (accessed 24 March 2014).

[47]      Productivity Commission, Draft Report on Public Infrastructure, Volume 2, March 2014, p. 452. http://www.pc.gov.au/__data/assets/pdf_file/0009/134676/infrastructure-draft-volume2.pdf (accessed 24 March 2014).

[48]      Productivity Commission, Draft Report on Public Infrastructure, Volume 2, March 2014, p. 453-454. http://www.pc.gov.au/__data/assets/pdf_file/0009/134676/infrastructure-draft-volume2.pdf (accessed 24 March 2014).

[49]      Productivity Commission, Draft Report on Public Infrastructure, Volume 2, March 2014, p. 453-454. http://www.pc.gov.au/__data/assets/pdf_file/0009/134676/infrastructure-draft-volume2.pdf (accessed 24 March 2014).

[50]      Honourable Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry Report, March 2009, p. 46. 

CHAPTER 5 - Is the building and construction industry unique?

[1]        Hon Terence Cole, Final Report of the Royal Commission into the Building and Construction Industry, Volume One, Summary of Findings and Recommendations, p. 6.

[2]        Business SA, Submission 9, p. 6.

[3]        Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. iii.

[4]        CFMEU, Submission 18, pp 40-41.

[5]        ACTU, Proof Committee Hansard, 12 March 2014, p. 10.

[6]        New South Wales Council for Civil Liberties, Proof Committee Hansard, 6 February 2014, p. 26.

[7]        Master Builders Australia, Submission 3, Attachment A: Economic Analysis of Building and Construction Industry Productivity: 2013 Update, Independent Economics, August 2013, p. 11.

[8]        Prime Minister Tony Abbott, 'Tony Abbott pushes for return of Australian Building and Construction Commission following union corruption claims', ABC News website, 28 January 2014, http://www.abc.net.au/news/2014-01-28/abbott-pushes-for-return-of-australian-building-and-constructio/5223032 (accessed 19 March 2014).

[9]        The Hon, Mr Christopher Pyne, Minister for Education and Leader of the House, House of Representatives Hansard, 14 November 2013, p. 265.

[10]      Master Builders Australia, Proof Committee Hansard, 6 February 2014, p. 10.

[11]      ACTU, Proof Committee Hansard, 12 March 2014, p. 11.

[12]      CFMEU, Submission 18, p. 2.

[13]      Vitoria Police, Proof Committee Hansard, 17 March 2014, p. 3.

[14]      Vitoria Police, Proof Committee Hansard, 17 March 2014, p. 7.

[15]      Prime Minister Tony Abbott, 'Tony Abbott pushes for return of Australian Building and Construction Commission following union corruption claims', ABC News website, 28 January 2014, http://www.abc.net.au/news/2014-01-28/abbott-pushes-for-return-of-australian-building-and-constructio/5223032 (accessed 19 March 2014).

[16]      Australian Crime Commission, Proof Committee Hansard, 17 March 2014, p. 11.

[17]      Victoria Police, Proof Committee Hansard, 17 March 2014, p. 11.

[18]      New South Wales Council for Civil Liberties, Proof Committee Hansard, 6 February 2014, p. 28.

[19]      Plumbing Trades Employee's Union, Submission 16, p. 2.

[20]      CFMEU, Proof Committee Hansard, 12 March 2014, p. 4.

[21]      Kingsway Financial Assessments Pty Ltd, Corporate Insolvency in the Australian Construction Sector - Key findings from ASIC insolvency data 2010 – 2011, 7 February 2012, p. 4. 

[22]      ASIC, Report 372, Insolvency statistics: External administrators’ reports (July 2012 to June 2013), October 2013, p. 6. http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/rep372-published-17-October-2013.pdf/$file/rep372-published-17-October-2013.pdf (accessed 24 March 2014).

[23]      Kingsway Financial Assessments Pty Ltd, Corporate Insolvency in the Australian Construction Sector - Key findings from ASIC insolvency data 2010 – 2011, 7 February 2012, p. 1. 

CHAPTER 6 - Powers, Safeguards and Oversight

[1]        Minister for Employment, Submission 1, Attachment, Department of Employment submission to Senate Education and Employment Legislation Committee’s inquiry into the Building and Construction Industry (Improving Productivity) Bill 2013 and the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013, tabled on 2 December 2013. p. 5.

[2]        Master Builders Australia, Proof Committee Hansard, 12 March 2014, p. 32.

[3]        Minister for Employment, Submission 1, Attachment, Department of Employment submission to Senate Education and Employment Legislation Committee’s inquiry into the Building and Construction Industry (Improving Productivity) Bill 2013 and the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013, tabled on 2 December 2013. p. 6.

[4]        Australian Council of Trade Unions, Submission 14, p. 31.

[5]        Professor Peetz, Submission 8, p. 4.

[6]        Professor Peetz, Submission 8, p. 9.

[7]        New South Wales Council for Civil Liberties, Submission 13, p. 2.

[8]        For example New South Wales Council for Civil Liberties; C. Allan, et al, Submission 8, Attachment A, p. 61.

[9]        Plumbing Trades Employee's Union, Submission 16, p. 5.

[10]      The Law Council of Australia, Submission 17, p. 2.

[11]      The Law Council of Australia, Submission 17, p. 4.

[12]      Australian Mines and Metals Association, answer to question on notice, 6 February 2014, p. 14.

[13]      Master Builders Australia, answer to question on notice, 6 February 2014, p. 12. 

[14]      Magistrates Court of South Australia, MCPAR-09-216, Whittle SM, 24 November 2010.

[15]      Magistrates Court of South Australia, MCPAR-09-216, Whittle SM, 24 November 2010, para 127.

[16]      Australian Building and Construction Commission, Budget Estimates 2011-2012, answer to question on notice; Question No. EW0119_12. Senate Standing Committee on Education, Employment and Workplace Relations.

[17]      Australian Council of Trade Unions, Submission 14, p. 28.

[18]      Senator Abetz, Proof Committee Hansard, 12 March 2014, p. 51.

[19]      Senator Abetz, Proof Committee Hansard, 12 March 2014, p. 53.

[20]      Senator Wright, Proof Committee Hansard, 12 March 2014, p. 54.

[21]      Senator Abetz, Proof Committee Hansard, 12 March 2014, p. 53.

[22]      Australian Council of Trade Unions, Submission 14, p. 29.

[23]      Australian Council of Trade Unions, Proof Committee Hansard, 12 March 2014, p. 13.

[24]      Minister for Employment, Submission 1, Attachment, p. 5.

[25]      Clause 7, Building and Construction Industry (Improving Productivity) Bill 2013.

[26]      Proof Committee Hansard, 6 February 2014, p. 33.

[27]      Maritime Union of Australia, Proof Committee Hansard, 6 February 2014, p. 20.

[28]      Master Builders Australia, Submission 3, Attachment A, p. 18.

[29]      Master Builders Australia, Submission 3, Attachment A, pp 15-16.

[30]      Australian Council of Trade Unions, Proof Committee Hansard, 12 March 2014, p. 11.

[31]      New South Wales Council for Civil Liberties, Proof Committee Hansard, 6 February 2014, p. 29.

[32]      Clause 6(2) and Clause 11, Building and Construction Industry (Improving Productivity) Bill 2013.

[33]      Australian Mines and Metals Association,  Submission 2, Attachment A, p. 37.

[34]      Australian Mines and Metals Association, Submission 2, Attachment A, p. 37.

[35]      Maritime Union of Australia, Submission 12, p. 8.

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